Nasheeda vs the District Collector

Nasheeda vs The District Collector

Type Court Judgment Court Kerala Decided Sep 15, 2023

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https://sooperkanoon.com/case/1390017

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Citation: sooperkanoon.com/1390017
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Sep 15, 2023
Case Number: WP(C)/30242/2023

Parties & Advocates

Appellant / Petitioner

Nasheeda

Respondent

The District Collector

Excerpt

.....had filed an application in form 5 under the kerala conservation of paddy land and wetland rules, 2008 (for short ‘the rules’). copy of the application submitted by the petitioner is produced as ext.p3.2. according to her, though the application was filed on 01.08.2022, neither the report has been submitted by the agricultural officer nor has any decision been taken by the 2nd respondent.3. form 5 application filed by the petitioner is a statutoryapplication as per rule 4(d) of the rules. the competent authorities, therefore, have a legal duty to consider the said application in accordance with law within a reasonable time.4. having heard sri. biniyamin k s., learned counsel for thepetitioner and smt. amminikutty r., learned senior government pleader, i am of the view that this writ petition can be disposed of with -:4:- a direction to take a decision on ext.p3 application in a time bound manner.5. accordingly, there will be a direction to the ,5th respondent tosubmit a report as contemplated under rule 4(e) of the rules within a period of two months from the date of receipt of a copy of this judgment. pursuant to receipt of the said report, the 2nd respondent shall take a decision on ext.p3 application within four months thereafter. the timelines specified above shall be strictly complied with by the respective officers. the writ petition is disposed of accordingly. sd/- bechu kurian thomas judge jka/15.09.23. -:5:- appendix of wp(c) 30242/2023 petitioner’s exhibits exhibit p1 true copy of the tax receipt no. kl10030204447/2023 dated 12.05.2023. exhibit p2 true copy of the published data bank of edappal grama panchayth. exhibit p3 true copy of the form 5 application dated 01.08.2022 submitted by the petitioner before the 2nd respondent.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 15TH DAY OF SEPTEMBER 2023 / 24TH BHADRA, 1945 WP(C) NO. 30242 OF 2023 PETITIONER: NASHEEDA AGED 40 YEARS W/O. ABDUL RAB VATTEKKATT HOUSE, POOKKARATHARA, KOLALAMBA, MALAPPURAM, PIN - 679576 BY ADVS. BINIYAMIN K.S. T.M.NEZLA RESPONDENTS: 1 THE DISTRICT COLLECTOR COLLECTORATE, UP HILL, MALAPPURAM, PIN - 676505 2 THE REVENUE DIVISIONAL OFFICER TIRUR REVENUE DIVISIONAL OFFICE, TIRUR-THRIKANDIYOOR RD. MALAPPURAM, PIN - 676101 3 THE TAHSILDAR PONNANI TALUK OFFICE, PONNANI, PONNANI NAGARAM P.O MALAPPURAM, PIN - 679583 4 THE VILLAGE OFFICER EDAPPAL VILLAGE OFFICE, UDINIKKARA ROAD, EDAPPAL, MALAPPURAM, PIN - 679576 -:2:-
5 THE AGRICULTURAL OFFICER EDAPPAL KRISHIBHAVAN EDAPPAL, MALAPPURAM-, PIN - 679576 BY ADV K AMMINIKUTTY SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:3:-
BECHU KURIAN THOMAS, J.
-------------------------------------- --------------------------------------- Dated this 15th day of September, 2023

JUDGMENT

Petitioner is the owner of 7 Ares 11.5 Sq.Ms. of land in Survey No.118/2-16 of Block No.2 of Edappal Village in Ponnani Taluk of Malappuram District. Petitioner alleges that she had filed an application in Form 5 under the Kerala Conservation of Paddy Land and Wetland Rules, 2008 (for short ‘the Rules’). Copy of the application submitted by the petitioner is produced as Ext.P3.

2. According to her, though the application was filed on 01.08.2022, neither the report has been submitted by the Agricultural Officer nor has any decision been taken by the 2nd respondent.

3. Form 5 application filed by the petitioner is a statutory

application as per Rule 4(d) of the Rules. The competent authorities, therefore, have a legal duty to consider the said application in accordance with law within a reasonable time.

4. Having heard Sri. Biniyamin k S., learned counsel for the

petitioner and Smt. Amminikutty R., learned Senior Government Pleader, I am of the view that this writ petition can be disposed of with -:4:- a direction to take a decision on Ext.P3 application in a time bound manner.

5. Accordingly, there will be a direction to the ,5th respondent to

submit a report as contemplated under Rule 4(e) of the Rules within a period of two months from the date of receipt of a copy of this judgment. Pursuant to receipt of the said report, the 2nd respondent shall take a decision on Ext.P3 application within four months thereafter. The timelines specified above shall be strictly complied with by the respective officers. The writ petition is disposed of accordingly. Sd/- BECHU KURIAN THOMAS JUDGE Jka/15.09.23. -:5:- APPENDIX OF WP(C) 30242/2023 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE TAX RECEIPT NO. KL10030204447/2023 DATED 12.05.2023. Exhibit P2 TRUE COPY OF THE PUBLISHED DATA BANK OF EDAPPAL GRAMA PANCHAYTH. Exhibit P3 TRUE COPY OF THE FORM 5 APPLICATION DATED 01.08.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

Same Court & Year Kerala · 2023 Same Parties Nasheeda vs The District Collector Same Judge Honourable Mr. Justice Bechu Kurian Thomas